201422

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                                      24/00867/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00867/B Applicant : Mr & Mrs Peter McKenna Proposal : Erection of first floor extension over garage, door / window alterations, cladding works and widening of existing driveway and vehicular access Site Address : Valhalla 8 Viking Close Ballakillowey Colby Isle Of Man IM9 4BH

Planning Officer: Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level :

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.09.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The bird nest boxes as shown on drawing number 107 Rev A shall be installed within 6 months of the extension coming into use and the nest boxes shall be retained thereafter.

Reason: in the interest of providing mitigation for the active nesting birds at the site.

C 3. The widened access and driveway hereby approved shall be finished in full accordance with the details shown on drawing 102 and within 12 months of the access first being widened. The access and driveway shall be retained free of obstruction for parking and turning of vehicles at all times.

Reason: In the interests of highway safety in the provision of off-street parking and turning of vehicles.

C 4. The widened driveway hereby approved shall be finished in a permeable finish and retained as such thereafter.

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Reason: in the interest of surface water drainage.

N 1. The applicant is to be reminded of their legal obligations under the Wildlife Act 1990 in respect of the protection of wildlife including the protection of birds, their nests and eggs. Should the applicant require any further information on this matter they should contact DEFA Environment Directorate directly.

This application has been recommended for approval for the following reason. The proposal is considered to have acceptable visual, amenity and highway safety impact and subject to condition in respect of bird nesting boxes is not to result in any net loss of nature conservation. The application accords with General Policy 2 (b, c, g, h and i), Strategic Policy 4, Community Policies 7 and 10, and Infrastructure Policy 5 of the Isle of Man Strategic Plan 2016 and to meet with the principles of Section 4, 5 and 7 of the Residential Design Guidance 2021.

Plans/Drawings/Information;

This approval relates to the following drawing numbers: o 101, 102, 103, 104 and 106 all date received 26/07/2024 o 107 Rev A date received 02/08/2024 __

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

1B Viking Hill, Ballakillowey, Colby - as they are within 20m and satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). __

Officer’s Report

1.0 THE SITE 1.1 The site relates to Valhalla, 8 Viking Close Ballakillowey, Colby.

2.0 THE PROPOSAL 2.1 Proposed is: o First floor extension above existing garage o Widening of existing access and driveway

3.0 PLANNING HISTORY 3.1 None relevant.

4.0 PLANNING POLICY 4.1 The site is within an area designated as Residential on the Area Plan for the South 2013.

4.2 The Isle of Man Strategic Plan 2016 contains the following policies considered materially relevant to the assessment: o Strategic Policies 3 and 5 - promote good design and use of local materials and character o Strategic Policy 4 - ecology and habitat

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o General Policy 2 (b) (c) (g) (n) - general standards towards acceptable development visual and neighbouring amenity, and energy reduction. o Paragraph 8.12.1 - supports principle of residential development in zoned areas o Environment Policy 42 - promotes development taking account of locality in design. o Community Policy 7, 10 - prevent criminal activity and reduce spread of fire o Infrastructure Policy 5 - conserve the Island's water

4.3 The Residential Design Guide (July 2021) contains the following guidance also considered materially relevant: o Section 4 Extensions o Section 5 Architectural Details o Section 7 Impact on Neighbouring Properties

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Arbory and Rushen Parish Commissioners - in support (26/08/2024)

5.2 Department of Infrastructure Highway Services - Do not Oppose (02/08/2024) - no significant negative impact upon highway safety, network functionality and/or parking. DOI Drainage team should be consulted on the drainage implications of the proposals.

5.3 Department of Infrastructure Highway Drainage - no objection (09/08/2024) initial concerns were raised in respect of surface water, the agent confirmed by email no surface water to go on the road and that the driveway would be permeable paving. DOIHD confirmed they were satisfied with this response.

5.4 DEFA Ecosystems - concerns and request for conditions (29/08/2024 and 30/08/2024) - there is at least 1 active house martin nest under the eaves of the eastern elevation of this property, which will be destroyed by the new first floor extension. In order to ensure that the nature conservation value of this site is protected, as per Strategic Policy 4, a condition to secure the erection of at least 1 artificial house martin nest cup high under the eastern gable end of the new extension, ideally 2 or more artificial nest cups should be installed as these birds like to nest in colonies. A condition to prevent work taking place during nesting season also relevant. Content with the 2 nest boxes shown.

5.5 The owners of 1B Viking Hill - Objection (13/08/2024) - share concerns that the proposal will restrict their view and daylight to their property. They question why the proposal cannot be built in the back garden and they also have concerns that the driveway proposal will compromise on street parking and will be dangerous on a corner of roadside.

6.0 ASSESSMENT 6.1 The application seeks approval for alterations and extensions to the main dwelling and the widening of the existing access and driveway. The key issues to consider are the visual and amenity impacts of the proposed extension and alteration works on the dwelling itself, the streetscene and neighbouring amenity, whether there are any visual, amenity or highway safety issues as a result of the access works and any impact on nesting birds.

6.2 Extensions and Alterations to Dwelling 6.2.1 Visual Impact - The existing dwelling is of no architectural or historic merit warranting its protection and so is capable of accommodating some level of works. The proposed upwards extension is to marry with the eaves and ridge of the main house. While usually side extensions are sought to have a stepped back and stepped down design to maintain a subordinate appearance, the overall design of the dwelling in this case and the mixed variety of dwellings within the surrounding streetscene and area means that the marrying of the roof and

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eaves is acceptable in this case and not having an overbearing or adverse visual impact nor setting an unacceptable precedent with only one similarly designed dwelling in the immediate area. The overall mixed character of the surrounding streetscene is to be maintained. The application is considered to comply with GP2 (b, c, g).

6.2.2 Amenity Impact - The neighbour at 1B has raised concerns in respect of impact on views and daylight impact. The right to a view is not a material planning consideration. The distance between the site and its neighbours including 1B is as such that this helps to ensure no overbearing or overshadowing impacts, and the openness of the intervening highways and the sloping nature of the estate also helps to ensure no adverse impacts on overall outlook from any neighbouring properties. The works will result in additional windows to the upper floor however these are not considered to result in any adverse impact beyond the existing first floor windows to warrant any concern in this case. The application is considered to comply with GP2 (g)

6.3 Access Works 6.3.1 The neighbour at 1B has raised concerns that the proposal will impact on street parking and is dangerous on the corner. There is already an existing access and driveway for the dwelling and this is to be made wider whilst still retaining garden area to the front. There are a mix of accesses and driveways in the area and the proposal would not result in any new or adverse visual impacts in this case.

6.3.2 The proposal is to provide additional off road parking helping towards reducing on street demand and this would help toward improving network functions and highway safety by taking parked cars off the road. Given there is already an existing access which is to be widened and the expected low traffic levels and lower traffic speeds that the access widening works would not result in any new or adverse highway safety or visibility issues beyond the existing situation which is already close to the corner. The application is considered to have acceptable visual, amenity and highway safety impact in accordance with GP 2 b, c, g, h and i.

6.4 Nesting Birds 6.4.1 The applicant has provided updated drawing to show the inclusion of nesting boxes at the site as per Ecosystem comments. They also verbally confirmed that any works to that gable will be undertaken in line with the Wildlife Act 1990 to ensure no harm to any nesting birds and taking into account nesting season times. A reminder of their separate legal obligations under that Act can be added as a note.

6.5 Other Matters 6.5.1 Being works to an existing dwelling the proposal is not expected to result in any changes beyond the existing occupation of the single dwelling to affect fire, criminal activity or water conservation and no concerns are raised in this respect.

7.0 CONCLUSION 7.1 The proposed works will result in an upwards extension above the existing garage and will be noticeable to those in the immediate area, although the existing dwelling and streetscene is capable of accommodating these changes without any adverse visual harm, and the siting and distance between the house and its neighbours helps to ensure no adverse impacts on the overall living conditions and amenities of the neighbours including 1B Viking Hill. The works to the existing access are also considered to be acceptable levels of development.

7.2 The proposal is considered to have acceptable visual, amenity and highway safety impact and subject to condition in respect of bird nesting boxes is not to result in any net loss of nature conservation. The application accords with General Policy 2 (b, c, g, h and i), Strategic Policy 4, Community Policies 7 and 10, and Infrastructure Policy 5 of the Isle of Man Strategic Plan 2016 and to meet with the principles of Section 4, 5 and 7 of the Residential

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Design Guidance 2021. Conditions in respect of nest boxes, access and driveway shall be added to ensure completion in line with the details submitted and a note in respect of the Wildlife Act added too.

8.0 INTEREST PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 04.09.2024

Determining officer

Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

Customer note

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